Brooks et al v. FCI Lender Services, Inc. et al

Filing 38

ORDER signed by Magistrate Judge Kendall J. Newman on 4/24/2017 ORDERING Plaintiffs' shall have until 6/8/2017, to file a First Amended Complaint. (Reader, L)

1 John Brooks
Laura Brooks
2 1682 Chilton Dr.
Roseville, CA 95747
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Tel: [phone]
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Plaintiffs in pro per
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A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 JOHN BROOKS, LAURA BROOKS,

CASE NO.: 16-CV-02598-KJM-KJN

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[Hon. Kendall J. Newman, Magistrate Judge]

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Plaintiffs,
v.

[PROPOSED]
ORDER ON JOINT STIPULATION FOR
SECOND EXTENSION OF TIME FOR
PLAINTIFFS TO FILE A FIRST
AMENDED COMPLAINT

FC1 LENDER SERVICES, INC, a
Corporation; MDJ PROPERTIES, LLC, a
Limited Liability Company; BUCKS
FINANCIAL, LLC, a Limited Liability
Company; SN SERVICING CORPORATION, CURRENT DEADLINE: APRIL 24, 2017
a Corporation; MADISON MANAGEMENT
PROPOSED DEADLINE: JUNE 8, 2017
SERVICES, LLC, a Limited Liability
Company; CALIFORNIA TD SPECIALISTS;
HOMECOMING FINANCIAL, LLC, a
Limited Liability Company; OCWEN LOAN
SERVICING; AND DOES 1 TO 50

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Defendants.

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23 TO THE CLERK OF THE COURT AND THE HONORABLE KENDALL J. NEWMAN,
24 JUDGE:
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Plaintiffs JOHN BROOKS AND LAURA BROOKS (“plaintiffs”) in pro se and

26 defendants FC1 LENDER SERVICES, INC (“FCI”) and SN SERVICING CORPORATION
27 (collectively, the “parties”), through their respective counsel of record, hereby submit the
28 following joint stipulation and proposed order that would extend for a second time the deadline
40752/000001/01721699-1

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CASE NO. 16-CV-02598-KJM-KJN
SECOND STIP TO EXTEND TIME TO FILE
AMENDED COMPLAINT

1 for plaintiffs to file an amended pleading. Grounds for the stipulation and proposed order are as
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1. On March 10, 2017 this Court extended Plaintiffs’ deadline to file a new pleading

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until April 24, in light of the commencement of settlement discussion between

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Plaintiffs and their lender (MDJ). [Doc. 33]. Initially, this Court authorized a First

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Amended Complaint was to be filed and served by March 9, 2017, upon the grant of

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A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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FCI’s (Servicer) motion to dismiss. [Doc. 31].

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2. Such discussions are now nearing completion, and the parties have moved

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significantly closer to resolution, though a deal has not yet been struck.

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3. There is a reasonable prospect that a deal will be reached in these current negotiations
that will resolve the entire action without further litigation, hopefully.
4. For purposes of judicial economy, Plaintiffs and Defendants therefore stipulate to a

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proposed order extending for a second time the time to for the Plaintiffs to file a First

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Amended Complaint.

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5. The Plaintiffs and Defendants request a 45 day extension from the present April 24

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date, to and including June 28, 2017, for Plaintiffs’ to so amend, should settlement

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discussions not come to fruition to avoid that filing.

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Further, the parties request that the Court not set any further deadlines or status

19 conferences in the interim.
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This is the second request for extension, the first having been granted, as noted above.

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IT IS SO STIPULATED.

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23 Dated: April 20, 2017

___________________________________
JOHN BROOKS, in pro se

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Dated: April 20, 2017

___________________________________
LAURA BROOKS, in pro se

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Respectfully submitted,

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ANGLIN, FLEWELLING, RASMUSSEN,
CAMPBELL & TRYTTEN LLP

40752/000001/01721699-1

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CASE NO. 16-CV-02598-KJM-KJN
SECOND STIP TO EXTEND TIME TO FILE
AMENDED COMPLAINT

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By:

/s/ Fred Hickman
Fred Hickman
[e-mail]
Attorneys for FCI LENDER SERVICES, INC.

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A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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Respectfully submitted,
Dated: April 20, 2017

WRIGHT, FINLAY & ZAK, LLP

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By:

/s/ Richard J. Lee
Richard J. Lee
Attorneys for SN SERVICING CORPORATION

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ORDER
Based on the foregoing stipulation, Plaintiffs’ shall have until June 8, 2017, to file a First

14 Amended Complaint.
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IT IS SO ORDERED.

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17 Dated: April 24, 2017
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40752/000001/01721699-1

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CASE NO. 16-CV-02598-KJM-KJN
SECOND STIP TO EXTEND TIME TO FILE
AMENDED COMPLAINT

CERTIFICATE OF SERVICE

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I, the undersigned, declare that I am over the age of 18 and am not a party to this action.
I am employed in the City of Pasadena, California; my business address is 301 N. Lake Avenue,
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Suite 1100, Pasadena, California 91101-4158.
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On April 21, 2017, I served the foregoing document entitled:
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[PROPOSED] ORDER ON JOINT STIPULATION FOR SECOND EXTENSION OF
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TIME FOR PLAINTIFFS TO FILE A FIRST AMENDED COMPLAINT

A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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on the interested parties in said case as follows:

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Served By Means Other Than Via The Court’s CM/ECF System:

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Plaintiffs Pro Se:

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John Brooks
Laura Brooks
1682 Chilton Drive
Roseville, CA 95747

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Tel: [phone]

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BY MAIL: I am readily familiar with the firm's practice of collection and processing
correspondence by mailing. Under that same practice it would be deposited with U.S.
Postal Service on that same day with postage fully prepaid at Pasadena, California in
the ordinary course of business. I am aware that on motion of the party served, service
is presumed invalid if postal cancellation date or postage meter date is more than one
day after date of deposit for mailing in affidavit.

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Served Via The Court’s CM/ECF System:
Attorneys for SN Serving Corporation:

Attorneys for Ocwen Loan Servicing:

Richard J. Lee, Esq.
WRIGHT FINLAY & ZAK, LLP
4665 MacArthur Court, Suite 200
Newport Beach, CA 92660

Dhruv M. Sharma, Esq.
MCGLINCHEY STAFFORD
18201 Von Karman Avenue, Suite 350
Irvine, CA 92612-1082

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Tel: [phone]
Fax: [phone]

Tel: [phone]
Fax: [phone]

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[e-mail]

[e-mail]

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Certificate of Service Continued Next Page

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40752/000001/01721699-1

CASE NO. 16-CV-02598-KJM-KJN
CERTIFICATE OF SERVICE

I declare under penalty of perjury under the laws of the United States of America that
the foregoing is true and correct. I declare that I am employed in the office of a member of the
2 Bar of this Court, at whose direction the service was made. This declaration is executed in
Pasadena, California on April 21, 2017.
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Jill Ashley
(Print Name)

/s/ Jill Ashley
(Signature of Declarant)

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A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP

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40752/000001/01721699-1

CASE NO. 16-CV-02598-KJM-KJN
CERTIFICATE OF SERVICE